I have a question about Removing Conditions on Permanent Residence Based on Marriage

[Lavender7 32]

Hello everybody ,

Me and my husband are planning on applying for my marriage based Green Card this October. At the end of this September it will be 2 years since we are officially married. If we actually apply this October I should not receive a conditional GC since, it will be 2 years after the marriage. My question is - In case we decided to apply earlier then our 2 year wedding anniversary, would that mean that I will get a conditional GC ?

[dwheels76 5,486]

Hello everybody ,

Me and my husband are planning on applying for my marriage based Green Card this October. At the end of this September it will be 2 years since we are officially married. If we actually apply this October I should not receive a conditional GC since, it will be 2 years after the marriage. My question is - In case we decided to apply earlier then our 2 year wedding anniversary, would that mean that I will get a conditional GC ?

No. The 2 years or more applies at POE not when you apply. So you can file whenever and you would receive the 10 year green card.

[Kastrs 723]

You need to wait until the time frame within 90 days before your conventional GC expires to remove the conditions, if you apply before that time the application will be rejected

[Lavender7 32]

No. The 2 years or more applies at POE not when you apply. So you can file whenever and you would receive the 10 year green card.

Thank you for your reply! I'm not sure I know what POE means though

[Lavender7 32]

You need to wait until the time frame within 90 days before your conventional GC expires to remove the conditions, if you apply before that time the application will be rejected

Umm.. I'm not sure you understood my questions correctly, I haven't applied for GC yet , and I'm not planning on getting a conditional one, that's why I'm trying to make sure I don't.

[Ortolan 381]

POE = Point of Entry to the U.S. Meaning where your plane came in, where you entered the U.S.

[dwheels76 5,486]

Thank you for your reply! I'm not sure I know what POE means though

POE=Point of Entry So getting a 2 year or 10 year green card is your years married at that time.

But I am gathering you are already in the US and living is this correct? Or will you be interviewing at your embassy in your country?

Edited May 16, 2016 by dwheels76

[Kastrs 723]

Umm.. I'm not sure you understood my questions correctly, I haven't applied for GC yet , and I'm not planning on getting a conditional one, that's why I'm trying to make sure I don't.

The title of your post, and your post are slightly in conflict, hence the confusing answers

If you enter the US AFTER your second wedding anniversary then you will automatically get the 10 year GC, if you enter prior to that you will get a 2 year GC and need to file for removal of conditions 90 days before that GC expires

[Lavender7 32]

Thank you guys , well that's good news means I don't have to wait all the way till the beginning of October to apply for my GC I might as well ask another question I forgot to post earlier - Is it true that we will have only 6 months to move to the States after I receive my GC?

[Lavender7 32]

The title of your post, and your post are slightly in conflict, hence the confusing answers

If you enter the US AFTER your second wedding anniversary then you will automatically get the 10 year GC, if you enter prior to that you will get a 2 year GC and need to file for removal of conditions 90 days before that GC expires

Yes, exactly My second anniversary is at the end of this September and I thought I had to wait to apply for my very first GC after the anniversary but now I learned that I can apply earlier! I won't get a conditional one thus won't have to remove any conditions in the future.

[dwheels76 5,486]

Thank you guys , well that's good news means I don't have to wait all the way till the beginning of October to apply for my GC I might as well ask another question I forgot to post earlier - Is it true that we will have only 6 months to move to the States after I receive my GC?

You have 6 months from when you have your medical. Most have weeks or days before their interview.

[Nana1978 3]

You have to be married for 2 years at the moment they approve your GC. Let me explain myself. We got married on 03/15/2014. I applied for my GC on 11/18/2015 but my GC was approved in my interview on 05/02/2016. At that point in May we had been married for more than 2 years, so no conditional GC for me. I got the 10 years card and 90 days before my 3rd anniversary being a legal permanent residen I can apply for citizenship, more exactly on 02/01/2019.

[Lavender7 32]

You have to be married for 2 years at the moment they approve your GC. Let me explain myself. We got married on 03/15/2014. I applied for my GC on 11/18/2015 but my GC was approved in my interview on 05/02/2016. At that point in May we had been married for more than 2 years, so no conditional GC for me. I got the 10 years card and 90 days before my 3rd anniversary being a legal permanent residen I can apply for citizenship, more exactly on 02/01/2019.

Congratulations, and thank you for your answer We got married in 2014 as well, in September so by the time I will get my GC should be fine as well..

[newacct 688]

You have to be married for 2 years at the moment they approve your GC. Let me explain myself. We got married on 03/15/2014. I applied for my GC on 11/18/2015 but my GC was approved in my interview on 05/02/2016. At that point in May we had been married for more than 2 years, so no conditional GC for me. I got the 10 years card and 90 days before my 3rd anniversary being a legal permanent residen I can apply for citizenship, more exactly on 02/01/2019.

It's different, because you did Adjustment of Status, so you became a permanent resident when it was approved. However, the OP (from posts to previous topics) is doing Consular Processing to get an immigrant visa, so will only become a permanent resident upon entering the US with that visa. The date he/she enters the US is under his/her control (as long as it's within the validity period of the visa).

[Lavender7 32]

It's different, because you did Adjustment of Status, so you became a permanent resident when it was approved. However, the OP (from posts to previous topics) is doing Consular Processing to get an immigrant visa, so will only become a permanent resident upon entering the US with that visa. The date he/she enters the US is under his/her control (as long as it's within the validity period of the visa).

By the way any idea what is the validity period of the visa? This topic seems to be pretty vague. Any idea how long would ones GC be valid before they enter/move to the States?